Federal Jurisdiction Over Screening and Disclosure Standards for Abortion

It is possible that virtually everything in our model bill could be adapted to federal legislation on the following grounds:

(1) Abortion involves interstate commerce, not only do women cross borders, so do abortionists. There is also advertising across state borders;

(2) Abortion has been enshrined as a federally guaranteed constitutional right, part of which includes the right to full disclosure (Danforth, at 67). The Federal Government has an interest in protecting the civil and constitutional right to full disclosure, and other rights as described in the legislative findings of our model legislation; (3) In line with (2) above, the right of women to full disclosure (and protection from coerced abortions) can be considered a right and privilege of U.S. citizens under the 14th amendment. The States may not establish a standard for disclosure (such as the community of physicians standard) which is less than the patient centered right to full disclosure, and Congress can enforce this by the appropriate legislation as provided for by Amendment 14(5) of the Constitution.

(4) Congress has passed numerous laws protecting the civil rights of individuals (Title 42 Chapter 21), for example laws against discrimination in employment, and Americans with Disabilities Act. These bills allow injured parties to sue in the federal courts. By crafting this legislation regarding patients rights and abortionists duties in the framework of civil rights legislation, we can work within an established framework for federal involvement.